In the Supplemental Nutrition Assistance Program (SNAP, formerly Food Stamp Program), a trust is a right of property created by one or more persons for the benefit of themselves or another person(s). A trust is also an agreement whereby a person, organization, institution, corporation, or others are designated to administer other people's property.
The grantor is the person(s) who creates the trust, and the beneficiary is the person(s) for whose benefit the trust is created.
The trustee is the person(s) to whom the grantor transfers the asset. The trustee has legal title to the asset and is responsible for managing the trust for the benefit of the beneficiary.
The assets in the trust are the principal, which may be real property (such as a house, furniture, or land) or personal property (such as stocks, bonds, life insurance policies, or savings accounts).
Divestment might result when an individual uses his/her own assets to establish a trust in order to qualify for, remain eligible for, or increase the amount of program benefits.
When a trust established by a household member is determined to be irrevocable, it is excluded. Irrevocable trusts and any funds in a trust or transferred to a trust are excluded from resources if they are inaccessible to the household.
Excluded assets placed in a revocable trust are excluded. If an applicant placed assets, including a home, in a revocable trust, the value of the property in trust is excluded. The value of any non-excluded assets in the revocable trust is countable for the grantor.
Any funds in a trust (including income produced by the trust) or funds transferred to a trust are considered unavailable if all of the following conditions apply:
· The trust arrangement is not likely to end during the benefit period,
· No household member has the power to revoke the trust or change the name of the beneficiary during the benefit period,
· The trustee administering the funds is:
· A court or an institution, corporation, or organization not under the direction or ownership of any asset group member, or
· An individual appointed by the court who is restricted by the court to use the funds solely for the benefit of the beneficiary.
· Investments made on behalf of the trust do not directly involve or benefit any business or corporation under the control or direction of an asset group member, and
· The funds in the irrevocable trust are:
· Established from the asset group's own funds and the trustee uses the funds solely to make investments on behalf of the trust or to pay the educational or medical expenses of the beneficiary, or
· Established from funds of a person who is not a member of the asset group.
If you are unsure if the assets in a trust are totally available, consider the trust as a countable asset.
For the SNAP (Food Stamp Program), exclude $1,500 per household member from burial trusts. Exclude the burial trust entirely if it is not accessible. If your household resides in North Dakota, read the topic "Burial Plot Exception (North Dakota) - SNAP (Food Stamps) ".
If your household resides in Connecticut, read the topic "Interest Payments (Connecticut) - SNAP (Food Stamps) ".
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